Plutos vs. Natwest **WON**

[Isobel Daly]

Hi Plutos

 

I received the standard defence pack from Cobbetts on Saturday with a request for CPR part 18. You'll laugh at this................. every part of the 7 point defence matters is the same - different wording but they say they have not had details of particulars (list of charges). Also got an AQ from the court. The easy one - N149. Both sets of letters came standard post. Good luck!!

[Isobel Daly]

Hi

 

Are you going to send the CPR request back or are you going to send reply as above? I am going to go to the court on Monday with revised charges and AQ form. I am looking at putting in the standard CPR request which is abit long-winded but looks legal and official. Your thought......

 

Isobel

[Isobel Daly]

Hi Plutos,

 

Worth a look at this:

 

Please find my request pursuant to CPR part 18 you are asked to respond by XX XXX 2006.

 

· In relation to each and every breach by the Claimant which resulted in a charge being levied as confirmed by the Defendant in its Defence please provide full details (with all relevant supporting documentation) of:

 

 

a) any letters, telephone calls, or incidents of manual intervention into the account in respect of each and every charge claimed by the Claimant in the Particulars of Claim;

 

b) how charges are applied to the account (whether automatically or by some other means) and when;

 

c) the Defendant’s assessment of the cost to it of sending any letter making any telephone call or otherwise administering the account, with details of how the cost to the Defendant is calculated and what items of expense are included, or such other costs as are foreseeable in the context of contractual damages and the remoteness thereof and which can be specifically identified and defined and which can be reasonably attributed to each and every breach on the part of the Claimant;

 

d) the justifiably objective principles upon which all such costs are calculated and result in the specific level of each charge levied by the bank in respect of each of the breaches which resulted in the charges now claimed by the Claimant.

 

 

2. Where the Defendant avers that the charges are applied in return for the provision of a banking service to the Claimant:

 

a) Please identify each and every such service referred to in the defendant’s terms and conditions and identify the charges, by reference to those terms and conditions, that the Claimant is required to pay for each service identified.

 

b) Please confirm what steps are taken by the defendant in providing the alleged services referred to in the defence. Please provide copies of all notes, memoranda, or other information retained by the defendant to demonstrate the provision of the alleged services to the Claimant.

 

c) Please confirm whether charges are applied automatically.

 

Please note however, I consider that upon allocation this case will be referred to the Small Claims Track, accordingly I consider your CPR Part 18 request to be intimidatory as Part 18 would not apply. Having been in touch with other Nat West claimants I am aware of your recently devised tactics and attempts to cause claimants in person to give up. I shall not be responding to your requests designed to intimidate. I shall of course respond to the order of the Court leaving the matters to be settled by the court.

 

Yours faithfully